A.   Purpose And Intent: This chapter governs the maintenance, protection, removal, and replacement of existing trees within the village, in order to protect and preserve the wooded character of the village and to fulfill the objective identified in the village comprehensive plan of maintaining, protecting, and, as needed, replacing trees within the village.

B.   Objectives: The protection of trees as a valuable resource and integral part of community infrastructure also accomplishes the following objectives:

1.   Stabilize valuable topsoil by preventing or minimizing unnecessary soil erosion and sedimentation;

2.   Assist in proper stormwater runoff in order to decrease the costs associated with flooding;

3.   Protect the important link in the hydrologic cycle that trees provide through the transpiring of water and the neutralization of wastes that pass through to the ground water table and other aquifers;

4.   Aid in the reduction of air pollution through the removal of harmful carbon dioxide and the generation of oxygen;

5.   Provide a buffer and screen against noise pollution;

6.   Restore, to the greatest extent possible, denuded soil that results from construction and grading work accompanying development;

7.   Provide a haven and nesting areas for birds, insects, and other forms of wildlife that are essential to the maintenance of the food chain and that help control and eliminate disease carrying mosquitoes;

8.   Reduce energy consumption through the windbreak and shade effects of trees;

9.   Protect and increase property values in a manner that maintains each property owner's enjoyment of his or her property;

10.   Conserve and enhance the village physical and aesthetic environment, particularly its valuable natural and rural atmosphere;

11.   Provide important psychological and emotional benefits to residents of and other persons within the village;

12.   Eliminate trees that constitute a threat, danger, or nuisance to the public or to property in the village, or that may be dangerous to the health of other trees and vegetation in the village; and

13.   Protect and enhance the quality of life and the general welfare of the village and its residents.

14.   Recognize trees are an integral part of community infrastructure and as such should be preserved, protected, and cared for as is other critical infrastructure. (Ord. 2008-22, 9-9-2008; amd. Ord. 2024-5, 3-11-2024)

A.   Generally: This chapter applies to all areas and zoning districts within the village, and will be applied and enforced by the village forester, with the advice and assistance of the building commissioner. This chapter applies simultaneously with other consistent provisions of this code as well as state and federal law. If any inconsistency exists, the provision resulting in the maximum protection and preservation of the highest quality of trees will govern. No permits or approvals granted under any village regulation other than this chapter will authorize the damage, removal, or replacement of any trees in a manner which is not consistent with the provisions of this chapter.

B.   Public Trees: The village forester has the authority and responsibility to plant, prune, maintain, and remove trees and woody plants growing in or upon all village-owned property. All trees on public property will be planted and maintained in accordance with the tree care standards and nursery stock standards set forth in this code. Any contractor performing maintenance on a protected public tree must:

1.   Be supervised by a certified arborist; and

2.   Maintain liability and workers compensation insurance.

C.   Modification Of Required Submittals: The village forester may, upon consultation with the building commissioner, modify or waive portions of the tree permit application, tree replacement plan, tree replacement mitigation fee, or tree protection plan required by this chapter if the village forester determines, and the building commissioner agrees, that the modification or waiver will be consistent with the purposes of this chapter. (Ord. 2008-22, 9-9-2008; amd. Ord. 2024-5, 3-11-2024)

A.   Identification Of Trees By Group: Trees within the village are defined into four (4) groups, groups A, B, C, and D, based on ratings provided in the tree species standards for species characteristics including environmental adaptability, biological traits, longevity, maintenance needs, and landscape value. Group A trees are the highest rated trees, and group D trees are the lowest rated. The complete list of species in each group is set forth in appendix A, section 10-11-13 of this chapter.

B.   Protected Trees Designated:

1.   Protected trees are those trees in groups A, B, and C with the minimum dbh listed below:

2.   When a protected tree has a multistemmed trunk system, the minimum dbh shall be determined utilizing the trunk having the largest measurement as determined by a calculation in inches at a point four and one-half feet (4.5') above the existing grade at the base of the tree.

C.   Exclusions: Protected trees do not include trees with a dbh below the minimum dbh as provided in subsection B of this section, group D trees, or exotic and invasive species. (Ord. 2008-22, 9-9-2008)

A.   Regulated Activities Designated: The following activities are regulated activities and are subject to the provisions of this chapter:

1.   Any activity that will cause, or is reasonably likely to cause, the damage or removal of a tree or trees with a dbh of two inches (2") or greater, including, without limitation:

a.   The subdivision of property pursuant to the village subdivision ordinance;

b.   Any activity commenced pursuant to a variation, amendment, special use, or planned residential development granted in accordance with this title;

c.   Any activity requiring the issuance of any permit by any village ordinance, including, without limitation, grading, building, sewerage, water, plumbing, or other permits; and

d.   Any activity involving construction, earthmoving, demolition, or vehicular traffic, or any similar activity, occurring within a critical root zone.

2.   The removal of exotic and invasive species with a dbh of two inches (2") or greater.

B.   Limitation On Damage Or Removal Of Trees: This chapter applies to the damage or removal of any tree in the course of the regulated activities described in this section. All regulated activities must be planned and performed in a manner, to a degree, and with sufficient equipment and personnel so as to: 1) reasonably involve the least amount of damage or removal of trees; and 2) not defeat or be inconsistent with the purposes and intent of this chapter.

C.   Regulated Activities Involving Construction: An applicant for any regulated activity involving construction activity must submit a tree protection plan in accordance with section 10-11-8 of this chapter and a tree replacement security in accordance with subsection 10-11-7J of this chapter. (Ord. 2008-22, 9-9-2008)

A.   Permit And Compliance Required: No person may conduct or will be entitled to any permit for any activity associated with a regulated activity unless a valid tree permit for the activity is issued in accordance with this chapter. No person will be entitled to any tree permit unless the subject property, upon the issuance of the tree permit, is in strict compliance with the terms and provisions of this chapter and the terms and provisions of all other applicable laws, ordinances, rules, and regulations of the village and of all other governmental agencies having jurisdiction.

B.   Exceptions:

1.   Pruning: A tree permit is not required for the pruning of any tree in compliance with the tree care standards.

2.   Tree Emergency: In response to notice of an existing tree emergency, the village president, the village administrator, the building commissioner, the deputy building commissioner, the village engineer, the village forester, the director of public works, the police chief, and the fire chief are each authorized to waive the requirement for a tree permit or tree permit application. If a tree emergency occurs, the person endangered by the tree emergency may take any reasonable action necessary to avoid or eliminate the immediate danger or hazard. The action taken must be an action that is least likely under the circumstances to cause damage or removal of any trees, and the village assumes no responsibility or liability for any action taken. The person taking the action must report the action taken to any of the above village officials immediately after the action is taken and file an after the fact tree application permit within forty eight (48) hours, which the village forester will review. If the village forester determines that a tree emergency existed which justified the damage or removal of the tree(s), an after the fact tree permit will be issued with no permit fee charged. If the village forester determines that no emergency existed to justify the damage or removal of the tree(s), then the action will be deemed a violation of this chapter, and the damaged or removed tree(s) must be replaced pursuant to this chapter.

C.   Application For Permit: Any person desiring or required to obtain a tree permit must submit a tree permit application to the village forester on a form provided by the village setting forth or otherwise providing the following information:

1.   Required Information For All Applications:

a.   Applicant's name and address.

b.   Location of the subject property on which the regulated activity will occur, including the street address or legal description, and the legal and beneficial owner of the subject property.

c.   Legal relationship of the applicant to the subject property.

d.   The signature of the applicant and the owner of the subject property.

e.   Size of the subject property.

f.   If all or part of the subject property is located within a conservancy area, any recorded plat, deed, or covenant that indicates or describes the location and restrictions of the conservancy area.

g.   Number, size, species, and condition of trees that will be damaged or removed in the course of the proposed regulated activity.

h.   Number, size, species, and condition of trees that may be damaged or removed in the course of the proposed regulated activity or any related activity, and steps to be taken to prevent the damage or destruction and any necessary remedial action.

i.   Tree replacement plan in accordance with subsection 10-11-7I of this chapter.

j.   Tree replacement security in accordance with subsection 10-11-7J of this chapter; except, that the village forester may waive or modify this requirement pursuant to subsection 10-11-7J5 of this chapter for certain tree permit applications unrelated to construction activity.

k.   Other data and information as the village forester deems necessary to allow full and fair consideration of the tree permit application and for compliance with the goals of this chapter.

2.   Additional Information For Applications Involving Construction Activity: Tree permit applications relating to construction activity must include the following additional information:

a.   Location, dimensions, and current and proposed use of existing and proposed buildings, structures, paved areas, utility lines and utility and access easements on and adjacent to the subject property.

b.   Existing grades and proposed grades of the subject property and whether there have ever been any drainage or stormwater runoff problems in connection with the subject property.

c.   A tree protection plan in accordance with section 10-11-8 of this chapter.

3.   Level Of Detail: The information required by this subsection may be submitted to the village forester in the form, detail, and degree of accuracy as may be reasonably feasible without undertaking professional studies and surveys.

D.   Action On Applications:

1.   Inspection Of Property: Upon receipt of a tree permit application, the village forester will visit and inspect the subject property, as well as contiguous and adjoining lands, to evaluate the information in the tree permit application.

2.   Approval Of Application; Issuance Of Permit: The village forester will, in a timely manner, review and approve the tree permit application and issue the tree permit if the village forester determines that:

a.   The proposed regulated activity will destroy or endanger no more trees than are reasonably necessary to achieve the applicant's objectives;

b.   The tree permit application and all required submittals, including, without limitation, the tree replacement plan and, if required, the tree protection plan, each satisfy the requirements of this chapter;

c.   The regulated activity will not be inconsistent with the purposes and intent of this chapter; and

d.   The applicant has submitted the tree replacement security, if required, in compliance with this chapter.

3.   Conditions On Approval: The village forester may approve the tree permit application subject to the conditions necessary to protect the public welfare, achieve the purposes of this chapter, or to prevent undue damage or removal of trees.

4.   Denial: If the village forester determines that the tree permit application does not satisfy the provisions of subsection C of this section or the purposes of this chapter, the village forester will promptly notify the applicant that the tree permit application is denied.

E.   Application And Permit Fees: An applicant must pay the following fees as set out in section 1-12-3 of this code, under the categories "development fees" and "permit fees": 1) a tree permit application fee along with any consultant review fees incurred by the village in processing the tree permit application and, if a permit is granted; 2) a tree permit fee; provided, however, that no application or permit fee will apply to a tree permit or tree permit application concerning the removal of group D trees, trees with less than the minimum dbh set forth in subsection 10-11-4C of this chapter, exotic and invasive species, or diseased or dangerous trees pursuant to section 10-11-9 of this chapter.

F.   Posting Permit: The tree permit must be posted in a prominent location at the subject property until the completion of the removal of all trees contemplated by the tree permit.

G.   Expiration And Renewal Of Permit: Each tree permit will expire automatically if the regulated activity or other activity authorized by the tree permit is not commenced within six (6) months or completed within one year after the tree permit is issued; provided, however, that the village forester may, upon the written request of the applicant or the person to whom a tree permit has been issued, grant reasonable extensions of time for commencement or completion of the regulated activity or other activity authorized by the tree permit.

H.   Suspension Or Revocation Of Permit: Any tree permit issued under this section may be revoked or suspended by the village forester if the holder of the tree permit violates the terms of the tree permit or any of the provisions of this chapter. (Ord. 2008-22, 9-9-2008; amd. Ord. 2024-5, 3-11-2024)

A.   General Requirements: Any protected tree damaged or removed in the course of a regulated activity must be replaced by the applicant pursuant to this section and as depicted in a tree replacement plan pursuant to subsection I of this section, regardless of whether the protected tree is located on the same lot on which the regulated activity takes place; except, that the village forester may, pursuant to subsection G of this section, consider a request to submit a fee in lieu of the replacement of trees, and except for the exemptions in subsection B of this section. No replacement tree may have a caliper less than one and one-half inches (11/2").

B.   Exemptions: Tree replacement is not required if the Village Forester determines that any of the following circumstances exist:

1.   When a protected tree, due to natural causes, is dead, dangerous, or interferes with any existing or proposed public improvements, is in dangerous proximity to any public utility lines or related facilities, or is a diseased tree or dangerous tree or otherwise unsafe, unhealthy, or insect infected and constitutes a hazard to persons, property, or other trees.

2.   When a protected tree, due to natural causes, obstructs any street, sidewalk, or any pedestrian path to an extent that the protected tree interferes with free passage and clear view along the street, sidewalk, or path and at any street or driveway intersection.

3.   When removal of a protected tree is necessary to comply with the current standards generally observed by professionals in the forestry profession.

4.   When the removal involves only the removal of class D trees or exotic and invasive species and does not involve any protected tree.

5.   When the protected tree to be removed is located within the foundation footprint of: a) a new residential building to be constructed on an undeveloped lot in a zoning district, or b) an addition which creates additional gross floor area for an existing residential building, provided that the combined gross floor area for the new residential building or existing residential building and the addition, as applicable, is compliant with the maximum gross floor area restrictions for residential buildings under the zoning regulations and that the new residential building or the addition, as applicable, does not require any variations. In these events, replacement trees will be required only for fifty percent (50%) of the removed protected trees within the foundation footprint, at the replacement rate set forth in subsection C of this section.

6.   When the protected tree to be removed is located within the foundation footprint of an addition which creates additional gross floor area for a residential building that is a Protected Building pursuant to the Village’s historic preservation regulations (Title 9, Chapter 14 of this Code); provided, that (i) the addition does not require any variations and (ii) the Historic Preservation Commission has approved the addition by an affirmative vote. In this event, replacement trees will not be required for the removed protected trees within the construction footprint.

C.   Replacement Formula: Protected trees must be replaced by group A trees pursuant to the replacement rate specified in this subsection. The tree replacement rate is determined by the species of tree removed. For each inch of dbh removed, replacement trees must be provided at the rate shown in the following table. For example, for every inch in diameter of a removed group A tree, each inch removed must be replaced with 1.25 inches in diameter of replacement trees:

D.   Specifications: All replacement trees must be:

1.   Provided by the applicant at the replacement rate specified in subsection C of this section;

2.   Of a species listed in group A set forth in appendix A, section 10-11-13 of this chapter;

3.   At least one and one-half (11/2) caliper inches;

4.   In conformance with the nursery stock standards; provided, however, that in the event that the implementation or enforcement of the nursery stock standards conflicts with the implementation or enforcement of the tree care standards, the provisions of the tree care standards will control;

5.   Pursuant to a written time schedule approved by the village forester;

6.   Planted in a location approved in advance by the village forester; and

7.   Inspected by the village forester prior to planting.

E.   Care Of Replacement Trees: The applicant will be solely responsible for the care and feeding of newly planted trees for a period of two (2) years, which time shall commence upon the issuance of a final certificate of occupancy for the property as required pursuant to the village building regulations or, if no final certificate of occupancy is required, upon completion of the tree replacement plan as determined by the village forester pursuant to subsection I of this section. The care and feeding of newly planted trees must, at a minimum, adhere to the tree care standards.

F.   Alternative Locations: The village forester may reduce the number of replacement trees to be planted on the subject property and designate alternative locations for new trees on the subject property upon determining that full tree replacement will result in unreasonable crowding of trees or would be otherwise inconsistent with current standards generally observed by forestry professionals. If the village forester cannot identify an appropriate alternative location on the subject property for a tree, that tree may be replaced by a fee in lieu of replacement pursuant to subsection G of this section.

G.   Fee In Lieu Of Replacement:

1.   Modification Of Tree Replacement Requirement: The village forester may waive or modify any portion of the tree replacement requirements if the village forester determines that replacing trees at the full replacement rate provided by subsection C of this section would:

a.   Result in the unreasonable crowding of trees upon the subject property or upon a public right of way immediately adjacent to the subject property; or

b.   Adversely impact the viability of existing trees on the subject property; or

c.   Not be consistent with the current standards generally observed by professionals in the forestry profession.

2.   Calculation Of Fee: Upon a determination by the village forester that an applicant has demonstrated one or more of the above, in lieu of providing replacement trees at the required replacement rate, the tree replacement plan will be modified to require the applicant to: a) replace the tree(s) at the replacement rate in subsection C of this section; and b) pay a tree replacement mitigation fee as provided in section 1-12-3 of this code, under the category "development fees". All tree replacement mitigation fees collected by the village will be used to promote the purposes of planting and maintaining trees in the village.

H.   Waiver Or Modification Of Provisions: Where a previous zoning or subdivision approval contains conditions which fully accomplish the goals and purposes of this chapter, the board of trustees may waive or modify the requirements of this section. The waiver or modification may be revoked at any time that any condition imposed pursuant to the approval is violated.

I.   Tree Replacement Plan:

1.   Required: A tree replacement plan must be filed with all tree permit applications for a regulated activity involving the replacement of one or more protected trees.

2.   Contents Of Plan: A tree replacement plan must contain the following information:

a.   A brief description of the applicant's plan for the replacement of protected trees in accordance with the requirements in this section. The description must specifically include, without limitation, the replacement and planting methods and technologies that the applicant intends to employ in order to satisfy the requirements of this section.

b.   The number, size, species, and proposed location of the trees that the applicant is required to plant or replant, if any, pursuant to the requirements of this section.

c.   Other data and information as the village forester deems necessary in order to comply with the requirements of this chapter, as set forth in the administrative manual.

3.   Inspection; Compliance With Plan: Upon notification from the applicant that the requirements of the tree replacement plan have been completed, the village forester will inspect the property to determine compliance with the tree replacement plan. No final certificate of occupancy may be issued for the property until the village forester approves of the implementation of the tree replacement plan.

J.   Security Requirements:

1.   Security Required: Every tree replacement plan must be accompanied by a tree replacement security, except as modified or waived by the village forester pursuant to subsection J5 of this section. The tree replacement security must consist of:

a.   A cash deposit to be held in escrow by the village;

b.   An irrevocable letter of credit issued by a lender authorized to issue the letter by any state or by the United States;

c.   A bond with good and sufficient surety; or

d.   Another form of security approved by the village administrator.

2.   Amount: The amount of the tree replacement security will be determined by the village forester and must be equal to three (3) times the total actual cost of strictly complying with and fully implementing the tree replacement plan, with any applicable adjustment for cost of living increases and/or inflation.

3.   Replenishment Of Security: If, at any time, the village forester determines that the funds remaining in the tree replacement security are not or may not be sufficient to pay, in full, the total actual costs of strictly complying with and fully implementing the tree replacement plan, then, within ten (10) days following a demand by the village, the applicant must increase the amount of the tree replacement security to an amount determined by the village forester to be sufficient to pay the uncovered costs. Failure to so increase the amount of the tree replacement security will be grounds for the village to retain or draw down any remaining balance of the tree replacement security.

4.   Return Of Security: Upon completion of the tree replacement plan pursuant to subsection I3 of this section, the tree replacement security, or any remainder thereof, will be returned or released to the applicant.

5.   Limited Waiver: Where a tree permit application concerns the damage or removal of trees unrelated to construction activity, the village forester may, upon consultation with the building commissioner, modify or waive the requirement for submittal of the tree replacement security if the village forester determines that the tree replacement security is not necessary for the limited damage or removal and that the purposes of this chapter will be fulfilled without submittal of the tree replacement security.

K.   Failure To Comply:

1.   Notice: If, at any time, the village forester determines that the applicant has failed to comply with or implement the tree replacement plan, the village forester will cause notice of the failure to be served upon the applicant and will order the applicant to fully comply with the tree replacement plan within fourteen (14) days following mailing or personal delivery of the notice. The notice must be personally served or sent by certified mail, return receipt requested, to the applicant and must notify the applicant that, absent an appeal pursuant to subsection K3 of this section, unless full compliance with the tree replacement plan is achieved within fourteen (14) days from the date of mailing or personal delivery of the notice, the village may proceed to perform or cause to be performed work the village forester determines necessary to achieve full compliance with the tree replacement plan.

2.   Opportunity To Comply: Absent an appeal pursuant to subsection K3 of this section, within thirty (30) days following mailing or personal delivery of the required notice, the applicant must take action as is necessary to strictly comply with and implement the tree replacement plan.

3.   Appeal: Within fourteen (14) days following personal delivery or mailing of the required notice, the applicant may appeal the village forester's determination by filing a written notice of appeal with the village administrator. The filing of an appeal will toll the thirty (30) day period in which the applicant is required to take action pursuant to subsection K2 of this section from the date on which the village administrator receives the applicant's notice of appeal. Upon receipt of a notice of appeal, the village administrator will review all reliable and relevant documents and information pertaining to the village forester's determination. The village administrator must render a written decision on the appeal no later than fourteen (14) days after the village administrator receives the written notice of appeal. The village administrator must notify the applicant of the village administrator's decision within two (2) days after the decision and must provide the applicant a copy of the decision. The action taken by the village administrator will be final. The tolling of the thirty (30) day period will cease upon the applicant's receipt or notice of the village administrator's decision.

4.   Village Right To Complete Work: If the applicant neglects or refuses to fully comply with and implement the tree replacement plan within the thirty (30) day period pursuant to this subsection, then the village forester, with the consent of the village administrator, and, if applicable, upon the denial of any applicable appeal, will be authorized to perform or to cause to be performed work necessary to ensure strict compliance with and full implementation of the tree replacement plan. The village forester will have the right to deduct, liquidate, draw down, or apply an amount equivalent to three (3) times the actual costs of the work from the tree replacement security, as well as to exercise all other rights and remedies available to the village, including, without limitation, any applicable lien rights. (Ord. 2008-22, 9-9-2008; amd. 2009 Code; Ord. 2011-23, 11-28-2011; Ord. 2022-10, 3-28-2022)

A.   Plan Required: If a regulated activity includes construction activity, the applicant must, in addition to the tree replacement plan, submit a tree protection plan with the tree permit application.

B.   Construction Activity Area: The construction activity area is the area of the subject property that is the smallest area reasonably needed to undertake the proposed construction activity as determined by the village forester. The construction activity area must include the entire area affected by the proposed construction activity and must also include any access route across the public right of way and the private tree preservation area. Construction activity must not be conducted or staged in any area of the subject property located outside the construction activity area. No excess soil, additional fill, liquids, or any construction debris may be placed or located outside the construction activity area. Any temporary buildings, structures, and driveways constructed for or associated with the construction activity must be located so as to reasonably involve the least amount of damage or removal of trees, but must nevertheless be consistent with minimum building setback requirements of this title.

C.   Contents Of Plan: A tree protection plan must consist of a site plan of the subject property upon which the information described in this subsection must be graphically and accurately marked.

1.   Location of the subject property, including street address and legal description.

2.   Existing and proposed contours of the lot on which the construction activity is to take place.

3.   Existing and proposed buildings or structures on the lot.

4.   Proposed building elevations, if applicable.

5.   Proposed work access areas and routes.

6.   The name of the general contractor or project representative, if any, responsible for the proposed construction activity.

7.   A demonstration of the ways in which the applicant will ensure that the tree protection required by this section will be achieved.

8.   A tree inventory for the subject property, consisting of a list of the following trees, identified by tag number: a) all the existing protected trees on the subject property; b) all trees on adjacent properties that are within ten feet (10') of the property line or that have a critical root zone extending into the subject property; and c) all public trees adjacent to the subject property or that may be impacted by any regulated activity. The tree inventory must list, without limitation, the following data for each tree: tag number, species, size in dbh, condition rating, form rating, and any observed problems.

9.   A tree survey for the subject property, which depicts the location and tag number of each tree described in the tree inventory. The tree survey must include, without limitation, a legend referencing the tag number, dbh, species, general condition, and proposed disposition of existing protected trees located on or near the subject property and trees other than protected trees that are reasonably likely to be damaged or removed during the construction activity. The tree survey must also depict the planned location of all proposed trees to be planted or replanted on or near the subject property pursuant to the tree replacement plan.

10.   An action plan for the subject property, consisting of a listing of the trees on the subject property, in chart form, that identifies each tree by tag number and shows, for each tree, the following information: species, size in dbh, condition, form, percent of critical root zone saved, and the anticipated damage, removal, tree protection measures, or other action to be taken regarding each tree.

11.   Detailed specifications for maintenance and protection of protected trees and for the maintenance and protection of trees other than protected trees that are reasonably likely to be damaged or removed during implementation of the proposed construction activity, including, without limitation, proposed measures such as construction pruning, root pruning, critical root zone protection, installation of a retaining wall or high visibility fencing, and auguring of utility lines when auguring is determined by the village forester to be necessary to improve the chances of tree survival.

12.   Detailed specifications for tree protection fencing on the subject property, to be placed at a minimum: a) along the property frontage from property line to property line to completely separate the construction activity area; and b) around the critical root zone of each protected tree. These specifications must also include the identification and clear delineation on the site plan of the construction activity area and the tree protection area and their respective perimeters.

D.   Protection Area: The tree protection area is the area of the subject property not included in the construction activity area. No construction activity may be conducted in the tree protection area. All reasonable measures and protective materials must be employed to preserve and safeguard trees located within the tree protection area. Protective materials must include, without limitation, the temporary installation of high visibility fencing or other similar materials in the sizes and at the locations specifically approved by the village forester. All protective measures and materials must be in place and approved by the village forester prior to the commencement of any construction activity. Protective materials may not be removed until the village forester approves the removal after the completion of all construction activity. No attachments, fences, or wires, other than those approved for bracing, guying, or wrapping, may be attached to any protected tree during the construction activity.

E.   Stop Work Order:

1.   If the protective measures and materials required by this section, or any other related measures or materials otherwise required by this chapter, are not fully implemented and completely constructed prior to commencement of construction activity, the village forester or the building commissioner may issue a stop work order until the applicant fully complies with the requirements of this chapter.

2.   If protective measures and materials constructed and employed on the subject property are not adequately maintained in a manner that protects protected trees and the tree protection area, the village forester may issue a stop work order until the measures and materials are repaired, restored, and constructed to the satisfaction of the village forester. (Ord. 2008-22, 9-9-2008)

A.   Diseased Trees: The following trees are trees that are diseased and will be referred to as "diseased trees":

1.   Trees of any species or variety infected with Dutch elm disease or oak wilt, as determined by laboratory analysis or by any other reliable means.

2.   Trees or parts thereof of elm or zelkova, or of any other species, in a dead or dying condition that are infested with or may serve as breeding places for the European elm bark beetle, Dutch elm disease, or oak wilt.

3.   Trees or parts thereof of ash or any other species that are infested with or may serve as breeding places for the emerald ash borer.

B.   Dangerous Trees:

1.   Every owner or occupant of any house, building, lot or premises in the village must keep trees located on his property trimmed and maintained so as to prevent or remove the following conditions:

a.   Any tree which is dead, dangerous, or likely to fall or that is so unsafe, unhealthy, diseased, or insect infested as to constitute a hazard to persons, property or other vegetation;

b.   The obstruction of any street or sidewalk to any extent which interferes with free passage and clear view along the streets and sidewalks and at any street or driveway intersection;

c.   The obstruction of any sewer, drainageway, or septic field;

d.   The dangerous proximity of any tree to public utility lines; and

e.   The interference with any existing or proposed public improvement.

2.   Any trees causing any of these conditions will be referred to as "dangerous trees".

C.   Nuisance Declared And Prohibited: Dangerous trees and diseased trees are hereby declared to be a public nuisance. It shall be unlawful for any person to keep, maintain, or possess a dangerous tree or a diseased tree located on any property in the village.

D.   Notice Of Dangerous Or Diseased Trees: Whenever a dangerous tree or diseased tree is found to exist, the village forester will cause notice of the nuisance to be served upon the owner and the occupant of the property where the dangerous or diseased tree is found, and will order the owner and occupant to abate the nuisance within thirty (30) days following mailing or personal delivery of the notice. The notice must also: 1) notify the owner and the occupant that, unless the nuisance is abated within the thirty (30) day period, the village may proceed to abate the nuisance, assess the cost thereof against the property owner or occupant, and impose a lien for the cost on the affected property; 2) include a copy of this chapter, 65 Illinois Compiled Statutes 5/11-20-12, the identification of the property, by common description, and the subject dangerous or diseased tree or trees; and 3) be personally served or sent by registered mail to the person to whom was sent the last preceding general tax bill for the property upon which the dangerous or diseased tree is located. A copy of said notice must also be mailed to the occupant of the property if the occupant is not the same person to whom the notice is addressed.

E.   Abatement Procedures; Lien Provisions: Within thirty (30) days following delivery or mailing of the notice required by subsection D of this section, the owner or the occupant of the property must cause the nuisance to be removed or otherwise abated. If the owner or occupant neglects or refuses to abate the nuisance as required by the notice issued pursuant to subsection D of this section, the village forester will promptly cause the abatement of the nuisance by village employees or contractors. If the village forester so causes the abatement of the nuisance, all direct or indirect expenses incurred in connection therewith, including the cost of collection, will be assessed against the property owner. In the event the expenses are not paid upon billing, the village clerk, not more than sixty (60) days after performance of the work, may file a notice of lien against the property for the amount of the expenses in the manner provided by statute.

F.   Determination Of Diseased Trees: The village forester may, from time to time, conduct tests, analyses, and inspections as the village forester determines necessary to determine the existence of diseased trees throughout the village. All tests, analyses, and inspections will be at the sole cost and expense of the village. (Ord. 2008-22, 9-9-2008)

A.   Overview: The appeal procedure is provided as a safeguard against arbitrary, ill considered, or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as means to subvert the clear purposes, meanings, or intents of this chapter or the rightful authority of the village forester to enforce the requirements of this chapter. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this chapter and to the reasonable interpretations of that language by those charged with the administration of this chapter.

B.   Appeal To Village Administrator: Appeals from any decision of the village forester may be taken by an applicant or any other person adversely affected by the decision by filing a written notice of appeal with the village administrator within five (5) days following receipt or notice of the village forester's decision. Upon receipt of the written notice of appeal, the village administrator will review the relevant evidence, documents, or information, and may receive and consider new evidence. The village administrator will render a written decision and transmit such decision to the appealing party within fourteen (14) days after receipt of the written notice of appeal. The decision of the village administrator will be final except for appeals to the board of trustees pursuant to subsection C of this section.

C.   Final Appeal To Village Board Of Trustees: In cases concerning tree replacement requiring a replacement rate pursuant to subsection 10-11-7C of this chapter of one hundred inches (100") or more, a party may appeal the village administrator's decision to the board of trustees within fourteen (14) days after its transmittal to that party by filing a written notice of final appeal with the board of trustees. Upon receipt of the written notice of final appeal, the board of trustees will review the relevant evidence, documents, or information and may receive and consider new evidence. Within thirty (30) days after receipt of the written notice of final appeal, the village board of trustees will render a written decision at a regularly scheduled meeting. Such decision may reverse, affirm, or modify, in whole or in part, the action appealed from and may include such order or determination as, in the opinion of the board of trustees, is proper to be made in the circumstances. If no regularly scheduled meeting occurs within thirty (30) days of receipt of the notice of final appeal, the board of trustees will render its written decision at the next regularly scheduled board meeting thereafter. The written decision of the village board of trustees will be final.

D.   Stay Of Regulated Activities: The filing of a written notice of appeal pursuant to this section will operate as a stay of the regulated activities related to that appeal, and no such regulated activity may proceed until a final decision is rendered on the appeal pursuant to this section. (Ord. 2008-22, 9-9-2008)